Verdict out on Hmong-hunter's killer
Reduced penalty disappointing
by Peng Her
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Relatives of Cha Vang said they were angered and disappointed by the verdict of the all-White jury that
found 29-year-old James Nichols guilty of ONLY second-degree intentional homicide on Oct. 6 instead of the
first-degree charge he originally faced, reducing the possible penalty from life in prison to 60 years.
The Hmong community takes this as a signal that a White person can shoot a Hmong hunter and not get
the maximum penalty for such a crime.
Open Season Declared on Hmong Hunters
Today is a sad day for ALL Americans as the legal system delivers a blow to human and civil rights by treating minorities as
second class citizens. The recent verdict in the State v. Nichols case sends a strong message to Wisconsinites that it is "open
season" for White hunters to shoot and kill Hmong hunters without fear of being prosecuted or found guilty of first degree murder.
The legal system treats minorities as second class citizens by allowing racism to govern how it's going to uphold the laws of this
state. Our state's criminal justice system is flawed because it prosecutes White defendants much less harsher than non-White
defendants who commit similar crimes. In 2005, Wisconsin ranked number one in the incarceration of African Americans.
Minorities are more likely to get the maximum sentence while Whites rarely get maximum sentences for similar crimes.
Even more frightening is the state prosecutors' willingness to allow racism to dictate the prosecution of crimes. They help to
perpetuate and encourage more racism. What's wrong with standing up to injustice? What's wrong with doing the right thing
despite the social attitude and perception of the local community?
This is reminiscent of the struggles of African Americans in the 1960s when White people got away with murder and rape of
African Americans because the justice system failed to uphold the law. African Americans were treated as second class citizens
and the thought of locking up a White person for killing a second class citizen was unmentionable.
Human rights as well as civil rights are treated lightly in the criminal justice system, especially if you were a person of color.
Sadly, the verdict of second degree homicide in the Nichols case shows us that attitude continues to this day. The only difference in
this case is that the victims of this unequal justice are the Hmong. Which community of color will be next?
I recall that when AG Van Hollen was running for office, he promised to be tough on crime. However, his office has allowed
racism to dictate how to prosecute a White person who intentionally and maliciously killed a minority person by reducing the
charge. Is this being tough on crime? I guess yes, if the one committing the crime is a person of color.
Have we as a society not learned from our civil rights history that we must relive it over and over again? When will the legal
system have the courage to stand up for every citizen regardless of race or ethnicity? We need to hold the AG's office responsible
for the next senseless racially motivated murder of a minority person -- whether they be Hmong, African American, Latino, or Native
American -- because of its lack of courage to do what is right, what is just, and what is lawful.